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(영문) 대구지방법원 포항지원 2016.08.11 2016고단705
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 13, 2011, the Defendant was sentenced to a summary order of a fine of KRW 5 million for a violation of road traffic law (driving), etc. at the port branch of the Daegu District Court (Seoul District Court) on January 13, 201; and on October 29, 2012, the Defendant was sentenced to a suspended sentence of imprisonment for six months with labor for the same crime in the same court.

On May 24, 2016, the Defendant driven a car in B from a main point where it is impossible to find out the trade name in the north-dong at the port at the port while under the influence of alcohol level of 0.133% among blood alcohol level on May 24, 2016 to the first 30m distance from the 22:50 on the same day from the main point where it is impossible to find out the trade name in the North-dong at port at the port to the 30m radius from the 1st gate of the Daegu Bank in the Northern-dong at the port at the port.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of judgment attached thereto);

1. Relevant provisions of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following sentence shall be considered in consideration of the circumstances favorable to the defendant, the sentencing of which

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant has been punished for drinking more than five times, including a stay of execution, and circumstances where drinking is high: The driving distance is relatively short; the driving distance is relatively short; there is no prior conviction; there is no other criminal history; and there is no other criminal history that is subsequent to a suspended sentence for four years prior to the suspended sentence; the defendant will not drive a drinking again, such as disposing of his/her vehicle, in contravention of the mistake;

d't.

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